# EUR-Lex - 52013PC0512 - EN

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# 52013PC0512

**Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on package travel and assisted travel arrangements, amending Regulation (EC) No 2006/2004, Directive 2011/83/EU and repealing Council Directive 90/314/EEC /* COM/2013/0512 final - 2013/0246 (COD) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

1.1.        General context

Tourism plays a central role in Europe’s
economy today. With some 1.8 million businesses, mostly SMEs, employing 5.2% of
the total workforce, the European tourism industry is an engine for growth in
the EU. The total contribution of European travel & tourism, including
related sectors, accounts for around 10% of EU GDP[1] .

The adoption of Directive 90/314/EEC on
package travel[2]
in 1990 created important rights for European travellers purchasing package
holidays, typically consisting of passenger transport and accommodation. A 2002
ruling by the European Court of Justice[3]
clarified that the notion of "pre-arranged combination" covers also
travel services combined by a travel agent at the customer's express request
just before the conclusion of a contract between the two.

Directive 90/314/EEC ensures that consumers
receive essential information before and after signing a package travel
contract. It provides that organisers and/or retailers are responsible for the
proper performance of the package, even if the services are provided by
sub-contractors, and regulates what happens if there are changes to the package
travel contract. It also ensures that travellers receive a refund of pre-payments
and are repatriated in the event of the organiser's and/or retailer's
insolvency.

However, in 1990 the structure of the
travel market was much simpler than today and the Internet did not exist.
Despite the abovementioned CJEU ruling, it remains unclear to what extent
modern ways of combining travel services are covered by the Directive.

As highlighted in the 1999 Commission's
report[4]
on the implementation of the Directive, significant differences remain in the
laws transposing the Directive, due to its minimum harmonisation approach, the
broad discretion given to Member States, e.g. with regard to the liable party
or parties, and ambiguities in the text.

The modernisation of Directive 90/314/EEC
responds to requests from the co-legislators, the European Economic and Social
Committee, as well as the European Consumer Consultative Group[5]. A large part of the industry
and consumer organisations have also asked for a revision. A revision of the
Directive is explicitly mentioned in the European Citizens' Reports[6], the European Consumer Agenda[7] and in the Single Market Act II[8].

1.2.        Grounds for the proposal

1.2.1.     Development of Internet
distribution and liberalisation in the airline sector

73% of EU households had access to the
Internet in 2011[9].
Almost two-thirds of EU citizens use the Internet at least once a week, more
than half of them every day or almost every day. Travel services are among the
most popular products purchased on-line.

The development of online sales and the
liberalisation in the airline sector have changed the way in which consumers
organise their holidays, having led to different ways in which traders assist
consumers in customising combinations of travel services, in particular online.
The relevant traders include travel agents, tour operators, airlines, cruise
lines, etc. There is ambiguity in many Member States as to whether such
combinations fall under the scope of the Directive and whether traders involved
in putting together such combinations are liable for the performance of the relevant
services, especially in the online environment.

This is causing uncertainty for traders and
consumers.

It also implies that market players which
are today explicitly covered by the Directive are subject to different rules
and different costs compared to those businesses which are not covered or do
not consider themselves to be covered by the Directive, although they are
competing for the same customers.

1.2.2.     Unnecessary compliance
costs and obstacles to cross-border trade

Some of the provisions of the Directive
have become outdated or otherwise create unnecessary burden for companies, such
as information requirements for brochures and the inclusion of managed business
trips.

Legal fragmentation through numerous
discrepancies in the laws of the Member States generates additional costs for
businesses wishing to trade cross-border.

1.2.3.     Consumer detriment -
unclear and outdated rules

The "Consumer Detriment Study in the
area of Dynamic Packages"[10]
estimated the yearly personal consumer detriment[11] in relation to combined travel
arrangements where the applicability of the Directive is uncertain. The study
showed that problems with such travel arrangements are more frequent and more
detrimental to consumers than problems related to traditional packages which
are clearly covered by the Directive.

To a certain extent also consumers who buy
traditional pre-arranged packages suffer detriment, because some provisions of
the Directive are outdated, unclear or leave gaps, e.g. the absence of a right
for consumers to cancel the package before the departure.

1.3.        Objectives of the proposal

In accordance with Article 114 of the
Treaty, the overall objective of the revised proposal is to enhance the
functioning of the Internal Market and achieve a high level of consumer
protection through the approximation of rules on packages and other
combinations of travel services.

The proposal seeks to establish a level
playing field between operators, remove legal obstacles to cross-border trade
and reduce compliance costs for businesses.

At the same time, it aims to achieve a high
level of consumer protection and reduce consumer detriment by clarifying which
combinations of travel services are protected under EU package travel rules and
replacing unclear and outdated provisions. It contains mandatory rules for the
protection of travellers, which Member States or traders may not derogate from
to the detriment of consumers.

1.4.        Consistency with other
policies and objectives of the Union

During the last decade the Commission undertook
a comprehensive review of the consumer acquis leading to the adoption of
Directive 2008/122/EC on timeshare and Directive 2011/83/EU on consumer rights.
The revision of Directive 90/314/EEC is part of this exercise.

The proposal is complementary to existing
EU law, in particular the Unfair Contract Terms Directive (93/13/EEC), the
Unfair Commercial Practices Directive (2005/29/EC), the Consumer Rights
Directive (2011/83/EU), the Regulations in the area of passenger rights
(Regulations (EC) No. 2004/261, (EC) No. 1371/2007, (EC) No. 1177/2010 and (EC)
No. 181/2011) as well as Directives 2000/31/EC on electronic commerce and
2006/123/EC on services in the internal market.

Furthermore, the proposal is complementary
to Regulation (EC) No 593/2008 (Rome I) on the law applicable to contractual
obligations, and to Regulation 44/2001 (Brussels I) on the law on jurisdiction
and the recognition and enforcement of judgements in civil and commercial
matters.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

2.1.        Consultation of interested
parties

In 2008, in a public consultation on its
2007 working document, the Commission received more than 80 contributions from
business stakeholders, consumer organisations, lawyers, academics and 14 Member
States. In January 2009, the Commission launched the Consumer Detriment Study,
which covered 17 EU countries and was based on interviews with a sample of 500
consumers.

In a second public consultation of October
2009, consisting of five on-line questionnaires targeted at consumers, consumer
organisations, businesses, industry associations and Member States/public
authorities, 89% of public authorities, 70% of business associations, 64% of
businesses and 96% of consumer organisations supported a revision of the
Directive.

In a workshop for Member States of 27
October 2009 particular problems and policy options were discussed. A subgroup
of the European Consumer Consultative Group (ECCG) adopted its opinion on 21
April 2010.

On 22 April 2010 a stakeholder workshop
discussed the impacts of the identified policy options. From September 2009 to
October 2010 more than 15 interviews with key industry representatives were
conducted.

In March 2012 the Commission commissioned a
study to test a Package Travel Label and consumer behaviour when purchasing
so-called dynamic packages. In June 2012 the Commission organised a workshop
for Member States and a stakeholder conference to further discuss the revision
process. On 8 February 2013 the ECCG again requested a revision of the
Directive.

2.2.        Impact Assessment

The Impact Assessment (IA) analysed eight
policy options plus certain sub-options.

Option 1 - Maintaining the status quo, i.e. maintaining the Directive in its present form

Option 2 – Guidelines, i.e. maintaining the Directive in its current form and preparing
guidelines, including CJEU rulings and clarification on the scope and liability

Option 3 - Package Travel Label and/ or
requirement on traders selling assisted travel arrangements to state that the
services in question do not constitute a package (add-on options)

Sub-option A - introduction of a
"Package Travel Label" – an obligatory logotype to be presented to
consumers when purchasing a package

Sub-option B - introduction of an
obligation, for traders offering combined travel arrangements which are not
packages, to clarify that they are not selling a package

Option 4 - Repeal of the Directive and
self-regulation by industry

Option 5 - Modernisation of the
Directive and coverage of "one-trader packages"

Option 5 involves a legislative revision
which would keep the main structure of the existing Directive, while clarifying
its scope through the explicit inclusion of "one-trader packages" and
revising several provisions. The revised Directive would apply to travel
services which are combined for the same trip or holiday on one website or at
one high street agent.

Option 6 – Graduated approach -
modernisation of the Directive and coverage of both "one-trader" and
"multi-trader" packages while applying a lighter regime to
"multi-trader" assisted travel arrangements

This option corresponds to Option 5
supplemented with a graduated extension of the scope of the Directive aimed to
cover:

- "multi-trader" packages,
i.e. combinations of travel services through different traders showing certain
features associated with packages, which would be subject to the same regime as
other packages (including full liability for the proper contractual performance
and the obligation to procure insolvency protection),

-"multi-trader" assisted travel
arrangements, i.e. those combinations of travel services which do not
display the typical features of packages and are hence less likely to mislead
consumers. They would be subject to a lighter regime consisting of insolvency
protection and an obligation to state in a clear and prominent manner that each
individual service provider is responsible for the correct performance of the
services.

Option 7 – Modernisation of the
Directive covering both "one-trader" packages and "multi-trader"
travel arrangements

This option includes Option 5 and 6, whilst
subjecting all "multi-trader" assisted travel arrangements to the
same obligations as packages.

Option 8 – “Travel Directive”

This option includes Option 7 plus an
extension of the scope to stand-alone travel services, e.g. car rental,
accommodation or flights, containing in principle the same rules for all travel
services irrespective of whether they are part of a package or not.

The IA comes to the conclusion that the
identified problems will be resolved most appropriately by Option 6, which this
proposal is based upon.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

3.1.        Summary of the proposed
action

The proposed Directive will clarify and
modernise the scope of travellers' protection when purchasing combinations of
travel services for the same trip or holiday by bringing within its scope
different forms of on-line packages and assisted travel arrangements.

The proposal will ensure that travellers
are better informed about the services they are buying and grant them clearer
remedies if something goes wrong.

At the same time, by reducing legal
fragmentation and strengthening mutual recognition of insolvency protection,
the proposal will minimise obstacles to cross-border trade and reduce compliance
costs for traders wishing to operate cross-border, and ensure a level
playing-field in the travel market.

3.2.        Legal basis

This proposal is based on Article 114
Treaty on the Functioning of the European Union (TFEU).

It lays down largely uniform rules in the
area of packages and assisted travel arrangements in the Union, giving traders
and travellers certainty about the content of their rights and obligations
irrespective of the national law applicable to the contract, thereby removing
unnecessary costs for cross-border transactions and giving more choice to
consumers.

In accordance with Article 114 (3) TFEU,
the proposal guarantees a high level of consumer protection by maintaining or
improving the level of consumer protection compared with Directive 90/314/EEC.

3.3.        Subsidiarity principle

The proposal complies with the subsidiarity
principle as set out in Article 5 of the Treaty on European Union (TEU).

The objective of improving the functioning
of the internal market, through removing differences between the laws of the
Member States, and improving consumers' access to services from other Member
States, cannot be sufficiently achieved by the Member States acting in an
un-coordinated manner.

Therefore, the Union is best placed to
address the identified problems by a legislative measure which approximates the
national rules.

3.4.        Proportionality principle

The proposal complies with the principle of
proportionality as set out in Article 5 TEU.

Like Directive 90/314/EEC, it does not
cover all aspects of travel law, but only certain aspects of packages and other
combinations of travel services, where coordinated action by the Union is
deemed necessary. For instance, it does not interfere with general national
contract law and authorisation and licensing regimes.

According to the IA, non-binding measures
such as recommendations, guidelines or self-regulation cannot achieve the
abovementioned objectives.

A directive ensures a coherent set of
rights and obligations, whilst allowing Member States to integrate these rules
into their national contract law.

Furthermore, it will enable the Member
States to implement the most appropriate means of enforcement and the necessary
sanctions for breaches of its rules. In certain areas the proposal gives Member
States the possibility to impose stricter rules.

3.5.        Impact on Fundamental
Rights

In accordance with the Strategy for the
effective implementation of the Charter of Fundamental Rights by the European
Union[12],
the Commission has ensured that the proposal complies with the rights set out
in the Charter and further promotes their application. In particular, the
proposal respects the freedom to conduct a business laid down in Article 16 of
the Charter, while ensuring a high level of consumer protection, in accordance with
Article 38 of the Charter.

3.6.        Review clause

The proposal obliges the Commission to
present a report on the application of the Directive at the latest five years
after its entry into force and to submit it to the European Parliament and the
Council, where necessary accompanied by legislative proposals.

3.7.        European Economic Area

The proposed Directive concerns an EEA
matter and should therefore extend to the European Economic Area.

3.8.        Explanatory documents

In view of the complexity of the proposal and
the different ways in which the Member States have transposed Directive
90/314/EEC, the Commission considers the transmission of documents explaining
the relationship between the components of this Directive and the corresponding
parts of national transposition instruments to be justified.

4.           Explanation of the
proposal

The proposal consists of 29 articles and
two annexes (a table relating articles of Directive 90/314/EEC to articles of
this proposal and the Legislative financial statement).

4.1.        Subject-matter, scope and
definitions (Articles 1-3)

Article 1 sets out the subject-matter of
the Directive. In conjunction with the definitions of 'package' and 'assisted travel
arrangement' contained in Article 3, Article 2 determines its scope, taking
into account the different ways in which travel services can be combined.

Based on the way in which travel services
are presented to the traveller, combinations which meet any of the alternative
criteria laid down in Article 3 (2) will be considered as packages with the
associated legal consequences for information requirements, liability and
insolvency protection.

Combinations where retailers, through
linked booking processes, facilitate the procurement of additional travel
services in a targeted manner or where the traveller concludes contracts with
the individual service providers and where the defining features of a package,
e.g. an inclusive or total price, are not present, are defined as 'assisted
travel arrangements'. Retailers who are in the business of facilitating the
purchase of 'assisted travel arrangements' are subject to the requirement to
explain clearly to travellers that only the individual service providers are
liable for the performance of the travel services concerned. Furthermore, with
a view to ensuring a certain layer of additional, Union-wide protection
compared to the one stemming from rules on passenger rights or general consumer
acquis also for travellers buying more than one travel service through them, it
is appropriate to provide that such retailers have to ensure that, in case of
their own insolvency or the insolvency of any of the service providers, travellers
will receive a refund of their pre-payments and, where relevant, will be
repatriated.

Since it is not appropriate to grant the
same level of protection to business travellers whose travel arrangements are
made on the basis of a framework contract concluded between their employers and
specialised operators often offering, on a business-to-business basis, a level
of protection similar to the one stemming from this Directive (so-called
managed business travel), such travel arrangements are excluded from the scope.

Other limitations of the scope are
maintained, including for so-called occasionally organised packages.

Apart from 'packages' and 'assisted travel
arrangements' Article 3 defines other key terms of the Directive, including
'traveller', 'organiser', 'retailer' and 'unavoidable and extraordinary
circumstances'. The 'organiser' is defined as a trader who combines and sells/
offers for sale packages, either directly or through/together with another
trader. Organisers are liable for the performance of the package (Articles 11 and
12), for providing assistance to the traveller (Article 14) and procuring
insolvency protection (Article 15). Retailers and organisers are both liable
for providing pre-contractual information (Article 4). Retailers are
liable for booking errors (Article 19). Retailers facilitating the procurement
of assisted travel arrangements are obliged to procure insolvency protection
(Article 15).

4.2.        Information obligations,
conclusion and content of the package travel contract (Articles 4 -6)

Article 4 lists specific pre-contractual
information which organisers and, where applicable, retailers have to provide
to travellers wishing to buy a package. These requirements apply in addition to
information requirements under other applicable directives or regulations.

Article 5 regulates the conclusion of the
package travel contract.

Article 6 contains provisions on the content
and the presentation of the contract or its confirmation as well as on
documents and information to be provided before the start of the package.

4.3.        Changes to the contract
before the start of the package (Articles 7-10)

Similarly to Article 4 (3) of Directive
90/314/EEC, Article 7 lays down the conditions under which the traveller's
right to transfer the package to another person may be exercised.

Starting from the principle that agreed
prices are binding, Article 8 lays down rules on the possibility and
consequences of price changes, given that package travel contracts are often
concluded a long time in advance. These rules are based on the same principles as
Article 4 (4) – (6) of Directive 90/314/EEC.

Article 8 (2) maintains the right to impose
price increases related to cost of fuel, taxes and exchange rate fluctuations,
but clarifies the conditions compared with Directive 90/314/EEC. If an
organiser reserves the right to price increases, it is now also obliged to
grant travellers price reductions. Prices may not be increased by more than 10%
of the price of the package.

With regard to changes other than price
changes, distinct rules are set out for insignificant (Article 9(1)) and
significant changes (Article 9 (2) and (3)).

Compared with Directive 90/314/EEC, Article
10 contains additional termination rights for travellers before the start of
the package. The right for travellers to terminate the contract against an
appropriate compensation (Article 10 (1)) corresponds to rules and practices found
in the Member States. Article 10 (2) grants travellers the right to terminate
the contract without compensation in the event of unavoidable and extraordinary
circumstances.

4.4.        Performance of the package
(Articles 11-14)

These articles contain rules on the
organiser's liability for the performance of the package (Articles 11-13) and
the obligation to provide assistance to the traveller (Article 14).

In contrast to Directive 90/314/EEC, only
the organiser is liable for the performance of the package. This aims to avoid
a doubling of costs and litigation. At the same time, uniform rules on
liability will facilitate cross-border transactions by organisers and
retailers.

Articles 11 and 12 provide for the remedies
available to the traveller in the event of lack of conformity, including the
lack of performance and the improper performance of the services. These rules
are based on the same principles as Articles 5 and 6 of Directive 90/314/EEC,
but are presented in a more systematic fashion, providing certain
clarifications and closing certain gaps.

Article 11 lays down the obligations to
remedy the lack of conformity and to make suitable alternative arrangements for
the continuation of the package where a significant proportion of the services
cannot be provided as agreed in the contract. It is clarified that the latter
obligation applies also where the traveller's return to the place of departure
is not provided as agreed. However, where it is impossible to ensure the
traveller's timely return because of unavoidable and extraordinary
circumstances, the organiser's obligation to bear the cost for the continued
stay is limited to EUR 100 per night and three nights per traveller in line
with the proposed amendment to Regulation (EC) No 261/2004.

Article 12 contains provisions on price
reductions related to lack of conformity and to alternative arrangements resulting
in a package of lower quality, as well as on damages. In accordance with the
Court's ruling in Case C-168/00 Simone Leitner, paragraph 2 clarifies that also
non-material damage has to be compensated. Paragraph 4 regulates the
relationship with compensation based on other legal grounds.

Since for many travellers the first point
of contact is the retailer through which they booked the package, Article 13 provides
that travellers may address messages, complaints or claims also to the
retailer, the receipt of such notifications being decisive for compliance with
any time-limits or prescription periods.

Under Article 14, organisers are obliged to
provide assistance to travellers who are in difficulty.

4.5.        Insolvency protection
(Articles 15 and 16)

Directive 90/314/EEC created a general
obligation for 'the organiser and/or retailer' to provide insolvency protection
so as to ensure the repatriation of passengers and the refund of advance
payments in the event of insolvency. Due to different legal solutions chosen by
the Member States, this often led to duplication of costs for organisers and
retailers. According to Article 15 of this proposal, only package organisers and
retailers who facilitate the purchase of 'assisted travel arrangements' are
subject to this obligation. At the same time, it lays down more specific
criteria on the effectiveness and the scope of the required protection.

To facilitate cross-border operations,
Article 16 (1) explicitly provides for the mutual recognition of insolvency
protection procured under the law of the organiser's/relevant retailer's Member
State of establishment. To ensure administrative cooperation, Article 16 obliges
Member States to designate central contact points.

4.6.        Information requirements
for assisted travel arrangements (Article 17)

To ensure legal certainty and transparency
for the parties, retailers offering assisted travel arrangements have to
explain to travellers in a clear and prominent manner that only the relevant
service providers are liable for performance of the services and that
travellers will not benefit from any of the Union rights granted to package
travellers, except the right to a refund of pre-payments and, where relevant,
to repatriation in case the retailer itself or any of the service providers
becomes insolvent.

4.7.        General provisions
(Articles 18 – 26)

Article 18 contains particular rules for
packages where the organiser it established outside the EEA.

Under Article 19, retailers involved in the
booking of packages and assisted travel arrangements are liable for booking
errors.

Article 20 clarifies that this Directive
does not affect the organiser's right to seek redress from third parties.

Article 21 confirms the imperative nature
of the Directive.

Article 22 on enforcement is a standard
provision in the consumer acquis.

Article 23 is a standard provision on
penalties for infringements of the national provisions transposing this Directive.
Similar provisions can be found in the Consumer Rights Directive (2011/83/EU)
and in the Unfair Commercial Practices Directive (2005/29/EC).

Article 24 obliges the Commission to submit
a report on the application of this Directive to the European Parliament and
the Council.

Article 25 (2) amends Directive 2011/83 on
consumer rights to ensure that that Directive applies fully to assisted travel
arrangements and that certain general consumer rights apply also to packages.

4.8.        Final provisions (Articles
27 - 29)

Article 26 repeals Directive 90/314/EEC. Article 27 is a standard provision on transposition and fixes a
transposition time-limit of 18 months. Articles 28 and 29 are standard
provisions.

5.           BUDGETARY IMPLICATIONS

The
proposal has very limited budgetary implications. The only operational costs
relate to the preparation of the report on the
application of this Directive, covering the preparatory work of an external
contractor, i.e. operational appropriation of €0.2 million under the Rights and
Citizenship programme, as well as administrative expenditure of around €0,184
million during seven years after the adoption of the Directive. This
expenditure will be borne by internal redeployment and not entail an increase
in the funds.

2013/0246 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

on package travel and assisted travel
arrangements, amending Regulation (EC) No 2006/2004,  Directive 2011/83/EU and
repealing Council Directive 90/314/EEC

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the
European Commission,

After transmission of the draft legislative
act to the national Parliaments,

Having regard to the opinion of the
European Economic and Social Committee[13],

Having regard to the opinion of the
Committee of the Regions[14],

Acting in accordance with the ordinary
legislative procedure,

Whereas:

(1)       Council Directive
90/314/EEC of 13 June 1990 on package travel, package holidays and package
tours[15]
lays down a number of important consumer rights in relation to package travel,
in particular with regard to information requirements, the liability of traders
in relation to the performance of a package and protection against the
insolvency of an organiser or a retailer. However, it is necessary to adapt the
legislative framework to market developments, in order to make it more suitable
for the internal market, remove ambiguities and close legislative gaps.

(2)       Tourism plays an important
role in the economies of the Union and packages represent a significant
proportion of that market. The travel market has undergone considerable changes
since the adoption of Directive 90/314/EEC. In addition to traditional
distribution chains, the Internet has become an increasingly important medium
to offer travel services. Travel services are not only combined in the form of
traditional pre-arranged packages, but are often combined in a customised
fashion. Many of these travel products are either in a legal grey zone or are
clearly not covered by Directive 90/314/EEC. This Directive aims to adapt the
scope of protection to those developments, enhance transparency and increase
legal certainty for travellers and traders.

(3)       Article 169 of the Treaty
on the Functioning of the European Union (the Treaty) provides that the Union
is to contribute to the attainment of a high level of consumer protection
through measures adopted pursuant to Article 114 of the Treaty.

(4)       Directive 90/314/EEC gives
broad discretion to the Member States as regards transposition; therefore,
significant divergences between the laws of the Member States remain. Legal
fragmentation leads to higher costs for businesses and obstacles for those
wishing to operate cross-border, thus limiting consumers' choice.

(5)       In accordance with Article
26(2) of the Treaty, the internal market is to comprise an area without
internal frontiers in which the free movement of goods and services and the
freedom of establishment are ensured. The harmonisation of certain aspects of
package contracts and assisted travel arrangements is necessary for the
creation of a real consumer internal market in this area, striking the right
balance between a high level of consumer protection and the competitiveness of businesses.

(6)       The cross-border potential
of the package travel market in the Union is currently not fully exploited.
Disparities in the rules protecting travellers in different Member States are a
disincentive for travellers in one Member State from buying packages and assisted
travel arrangements in another Member State and, likewise, a disincentive for
organisers and retailers in one Member State from selling such services in
another Member State. In order to enable consumers and businesses to benefit fully
from the internal market, while ensuring a high level of consumer protection
across the Union, it is necessary to further approximate the laws of the Member
States relating to packages and assisted travel arrangements.

(7)       The majority of travellers
buying packages are consumers in the sense of Union consumer law. At the same
time, it is not always easy to distinguish between consumers and representatives
of small businesses or professionals who book trips related to their business
or profession through the same booking channels as consumers. Such travellers
often require a similar level of protection. In contrast, larger companies or
organisations often make travel arrangements for their employees on the basis
of a framework contract with companies which specialise in the arrangement of
business travel. The latter type of travel arrangements do not require the
level of protection designed for consumers. Therefore, this Directive should
apply to business travellers only insofar as they do not make travel
arrangements on the basis of a framework contract. To avoid confusion with the
definition of the term 'consumer' in other consumer protection directives, persons
protected under this Directive should be referred to as 'travellers'.

(8)       Since travel services may
be combined in many different ways, it is appropriate to consider as packages
all combinations of travel services that display features which travellers typically
associate with packages, notably that separate travel services are bundled
together into a single travel product for which the organiser assumes
responsibility for proper performance. In accordance with the case law of the
Court of Justice of the European Union[16],
it should make no difference whether travel services are combined before any
contact with the traveller or at the request of or according to the selection
made by the traveller. The same principles should apply irrespective of whether
the booking is made through a high street travel agent or online.

(9)       For the sake of
transparency, packages should be distinguished from assisted travel
arrangements, where online or high street agents assist travellers in combining
travel services leading the traveller to conclude contracts with different
providers of travel services, including through linked booking processes, which
do not contain those features and in relation to which it would not be
appropriate to apply all obligations applying to packages.

(10)     In light of market
developments, it is appropriate to further define packages on the basis of
alternative objective criteria which predominantly relate to the way in which
the travel services are presented or purchased and where travellers may
reasonably expect to be protected by the Directive. This is the case, for
instance where different travel services are purchased for the same trip or
holiday within the same booking process from a single point of sale or where
such services are offered or charged at an inclusive or total price. It should
be considered that travel services are procured within the same booking process
if they are selected before the traveller has agreed to pay.

(11)     At the same time, assisted travel
arrangements should be distinguished from travel services which travellers book
independently, often at different times, even for the purpose of the same trip
or holiday. Online assisted travel arrangements should also be distinguished
from links through which travellers are simply informed about further travel
services in a general fashion, for instance where a hotel or an organiser of an
event includes on its website a list of all operators offering transport
services to its location independently of any booking or if cookies or meta
data are used to place advertisements on websites.

(12)     The purchase of an air
travel service on a stand-alone basis as a single travel service constitutes
neither a package nor an assisted travel arrangement.

(13)     Particular rules should be
laid down for both high street and on-line retailers which assist travellers, on
the occasion of a single visit or contact with their own point of sale, in concluding
separate contracts with individual service providers and for online retailers
which, through linked online booking processes, facilitate the procurement of
additional travel services from another trader in a targeted manner, at the
latest when the booking of the first service is confirmed. These rules would
apply for example, where, along with the confirmation of the booking of a first
travel service such as a flight or a train journey, a consumer receives an
invitation to book an additional travel service available at the chosen travel
destination, for instance hotel accommodation, with a link to the booking site
of another service provider or intermediary. While those arrangements do not
constitute packages within the meaning of this Directive as there can be no
confusion that a single organiser has assumed the responsibility for the travel
services, such assisted arrangements constitute an alternative business model
that often competes closely with packages.

(14)     In order to ensure fair
competition and to protect consumers, the obligation to provide sufficient
evidence of security for the refund of pre-payments and the repatriation of
travellers in the event of insolvency should also apply to assisted travel
arrangements.

(15)     To increase clarity for
travellers and enable them to make informed choices as to the different types
of travel arrangements on offer, it is appropriate to require traders to state the
nature of the arrangement clearly and inform travellers of their rights. A
trader's declaration as to the legal nature of the travel product being
marketed should correspond to the true legal nature of the product concerned. The
enforcement authorities should intervene where traders do not provide accurate
information to travellers.

(16)     Only the combination of
different travel services, such as accommodation, carriage of passengers by
bus, rail, water or air, as well as car rental, should be considered for the
purposes of identifying a package or an assisted travel arrangement.
Accommodation for residential purposes, including for long-term language
courses, should not be considered as accommodation within the meaning of this
Directive.

(17)     Other tourist services,
such as admission to concerts, sport events, excursions or event parks are
services that, in combination with either carriage of passengers, accommodation
and/or car rental, should be considered as capable of constituting a package or
an assisted travel arrangement. However, such packages should only fall within
the scope of this Directive if the relevant tourist service accounts for a
significant proportion of the package. Generally, the tourist service should be
considered as a significant proportion of the package if it accounts for more
than 20% of the total price or otherwise represents an essential feature of the
trip or holiday. Ancillary services, such as travel insurance, transport of
luggage, meals and cleaning provided as part of accommodation, should not be
considered as tourist services in their own right.

(18)     It should also be clarified
that contracts by which a trader entitles the traveller after the conclusion of
the contract to choose among a selection of different types of travel services,
such as in the case of a package travel gift box, should constitute a package. Moreover,
a combination of travel services should be considered as a package where the
traveller's name or particulars needed to conclude the booking transaction are
transferred between the traders at the latest when the booking of the first
service is confirmed. Particulars needed to conclude a booking transaction relate
to credit card details or other information necessary to obtain a payment. On
the other hand, the mere transfer of particulars such as the travel destination
or travel times should not be sufficient.

(19)     Since there is less need to
protect travellers in cases of short-term trips, and in order to avoid
unnecessary burden for traders, trips lasting less than 24 hours which do not
include accommodation as well as occasionally organised packages, should be
excluded from the scope of this Directive.

(20)     The main characteristic of
package travel is that at least one trader is responsible as an organiser for
the proper performance of the package as a whole. Therefore, only in cases
where another trader is acting as the organiser of a package should a trader,
typically a high-street or on-line travel agent, be able to act as a mere
retailer or intermediary and not be liable as an organiser. Whether a trader is
acting as an organiser for a given package should depend on its involvement in
the creation of a package as defined under this Directive, and not on the
denomination under which it carries out its business. Where two or more traders
meet a criterion which makes the combination of travel services a package and
where those traders have not informed the traveller which of them is the
organiser of the package, all relevant traders should be considered as
organisers.

(21)     In relation to packages, retailers
should be responsible together with the organiser for the provision of
pre-contractual information. At the same time it should be clarified that they
are liable for booking errors. To facilitate communication, in particular in
cross-border cases, travellers should have the possibility of contacting the
organiser also via the retailer through which they bought the package.

(22)     The traveller should
receive all necessary information before purchasing a package, whether it is
sold through means of distance communication, over the counter or through other
types of distribution. In providing this information, the trader should take
into account the specific needs of travellers who are particularly vulnerable
because of their age or physical infirmity, which the trader could reasonably
foresee.

(23)     Key information, for
example on the main characteristics of the travel services or the prices,
provided in advertisements, on the organiser's website or in brochures as part
of the pre-contractual information, should be binding, unless the organiser
reserves the right to make changes to those elements and unless such changes
are clearly and prominently communicated to the traveller before the contract
is concluded. However, in light of new communication technologies, there is no
longer any need to lay down specific rules on brochures, while it is
appropriate to ensure that, in certain circumstances, changes impacting the
contract performance are communicated between the parties on a durable medium
accessible for future reference. It should always be possible to make changes
to that information where both parties to the contract expressly agree on that.

(24)     The information
requirements laid down in this Directive are exhaustive, but should be without
prejudice to the information requirements provided for in other applicable
Union legislation[17].

(25)     Taking into account the
specificities of package travel contracts, rights and obligations of the
parties should be laid down, for the time before and after the start of the
package, in particular if the package is not properly performed or if
particular circumstances change.

(26)     Since packages are often
purchased a long time before their performance, unforeseen events may occur.
Therefore the traveller should, under certain conditions, be entitled to
transfer a package to another traveller. In such situations, the organiser
should be able to recover his expenses, for instance if a sub-contractor
requires a fee for changing the name of the traveller or for cancelling a
transport ticket and issuing a new one. Travellers should also have the
possibility of cancelling the contract at any time before the start of the
package against paying appropriate compensation, as well as the right to
terminate the contract without paying compensation where unavoidable and
extraordinary circumstances like warfare or a natural disaster will
significantly affect the package. Unavoidable and extraordinary circumstances
should in particular be deemed to exist where reliable and publicly available
reports, such as recommendations issued by Member State authorities, advise
against travelling to the place of destination.

(27)     In specific situations,
also the organiser should be entitled to terminate the contract before the
start of the package without paying compensation, for instance if the minimum
number of participants is not reached and where this possibility has been
reserved in the contract.

(28)     In certain cases organisers
should be allowed to make unilateral changes to the package travel contract.
However, travellers should have the right to terminate the contract if the
proposed alterations change significantly any of the main characteristics of
the travel services. Price increases should be possible only if there has been
a change in the cost of fuel for the carriage of passengers, in taxes or fees
imposed by a third party not directly involved in the performance of the
included travel services or in the exchange rates relevant to the package and
if both an upward and downward revision of the price is expressly reserved in
the contract. Price increases should be limited to 10% of the price of the
package.

(29)     It is appropriate to set
out specific rules on remedies as regards the lack of conformity in the
performance of the package travel contract. The traveller should be entitled to
have problems resolved and, where a significant proportion of the services
contracted for cannot be provided, the traveller should be offered alternative
arrangements. Travellers should also be entitled to a price reduction and/or
compensation for damages. Compensation should also cover any immaterial damage,
in particular in case of a spoilt holiday, and, in justified cases, expenses
which the traveller incurred when resolving a problem himself.

(30)     In order to ensure
consistency, it is appropriate to align the provisions of this Directive with
international conventions covering travel services and with the Union
legislation on passenger rights. Where the organiser is liable for failure to
perform or improper performance of the services included in the package travel
contract, the organiser should be able to invoke the limitations of the
liability of service providers set out in such international conventions as the
Montreal Convention of 1999 for the Unification of certain Rules for
International Carriage by Air[18],
the Convention of 1980 concerning International Carriage by Rail (COTIF)[19] and the Athens Convention of
1974 on the Carriage of Passengers and their Luggage by Sea[20]. Where it is impossible,
because of unavoidable and extraordinary circumstances, to ensure the
traveller's return to the place of departure, the organiser's obligation to
bear the cost of the travellers' continued stay at the place of destination
should be aligned with the Commission's proposal[21] aimed to amend Regulation (EC)
No 261/2004 of the European Parliament and of the Council of 11 February 2004
establishing common rules on compensation and assistance to passengers in the
event of denied boarding and of cancellation or long delay of flights[22].

(31)     This Directive should not
affect the rights of travellers to present claims both under this Directive and
under any other relevant Union legislation, so that travellers will continue to
have the possibility to address claims to the organiser, the carrier or any
other liable party, or, as the case may be, to several parties. It should be
clarified that they may not cumulate rights under different legal bases if the
rights safeguard the same interest or have the same objective. The organiser's
liability is without prejudice to the right to seek redress from third parties,
including service providers.

(32)     If the traveller is in
difficulty during the trip or holiday, the organiser should be obliged to give
prompt assistance. Such assistance should consist mainly in providing, where
appropriate, information on aspects such as health services, local authorities
and consular assistance, as well as practical help, for instance with regard to
distance communications and alternative travel arrangements.

(33)     In its Communication on
passenger protection in the event of airline insolvency,[23] the Commission set out
measures to improve the protection of travellers in the event of an airline
insolvency, including better enforcement of Regulation (EC) No 1008/2008 on
common rules for the operation of air services in the Community[24], of Regulation No 261/2004 on
air passenger rights and engagement with industry stakeholders, failing which a
legislative measure could be considered. That Communication concerns the
purchase of an individual component, namely air travel services, and therefore is
without prejudice to existing rules on packages and does not prevent the legislators
to provide for insolvency protection also for buyers of other modern
combinations of travel services.

(34)     Member States should ensure
that travellers purchasing a package or an assisted travel arrangement are
fully protected against the insolvency of the organiser, of the retailer having
facilitated the assisted travel arrangement or of any of the service providers.
Member States in which package organisers and retailers facilitating assisted
travel arrangements are established should ensure that traders offering such
combinations of travel services provide security for the refund of all payments
made by travellers and for their repatriation in the event of insolvency. While
retaining discretion as to the way in which insolvency protection is granted,
Member States should ensure that their national insolvency protection schemes
are effective and able to guarantee prompt repatriation and the refund of all
travellers affected by the insolvency. The required insolvency protection
should take into account the actual financial risk of the activities of the
organiser, relevant retailer or service provider, including the type of combination
of travel services they sell, foreseeable seasonal fluctuations as well as the
extent of pre-payments and the way in which these are secured. In accordance
with Directive 2006/123/EC of the European Parliament and of the Council of 12
December 2006 on services in the internal market[25], in cases where insolvency
protection may be provided in the form of a guarantee or an insurance policy,
such security may not be limited to attestations issued by financial operators
established in a particular Member State.

(35)     In order to facilitate the
free movement of services, Member States should be obliged to recognise
insolvency protection under the law of the Member State of establishment. To
facilitate the administrative cooperation and supervision of businesses which
are active in different Member States with regard to insolvency protection,
Member States should be obliged to designate central contact points.

(36)     As regards assisted travel
arrangements, beyond the obligation to provide insolvency protection and to
inform travellers that individual service providers are solely responsible for
their contractual performance, the relevant contracts are subject to general Union
consumer protection legislation and sector-specific Union legislation.

(37)     It is appropriate to
protect travellers in situations where a retailer arranges the booking of a
package or an assisted travel arrangement and where the retailer makes mistakes
in the booking process.

(38)     It is also appropriate to
confirm that consumers may not waive rights stemming from this Directive and
organisers or traders facilitating assisted travel arrangements may not escape
from their obligations by claiming that they are simply acting as a service
provider, an intermediary or in any other capacity.

(39)     It is necessary that Member
States lay down penalties for infringements of national provisions transposing
this Directive and ensure that they are enforced. The penalties should be
effective, proportionate and dissuasive.

(40)     The adoption of this
Directive makes it necessary to adapt certain consumer protection acts. Taking
into account that Directive 2011/83/EU of the European Parliament and the
Council of 25 October 2011 on consumer rights[26]
in its current form does not apply to contracts covered by Directive 90/314/EEC,
it is necessary to amend Directive 2011/83/EU to ensure that it applies to assisted
travel arrangements and that certain consumer rights laid down in that
Directive also apply to packages.

(41)     This Directive should be
without prejudice to Regulation (EC) No 593/2008 of the European Parliament and
of the Council of 17 June 2008 on the law applicable to contractual obligations
(Rome I)[27]
and national contract law for those aspects that are not regulated by it. Since
this Directive aims to contribute to the proper functioning of the internal
market and to the achievement of a high level of consumer protection, its objectives
cannot be achieved by the Member States and can be better achieved at Union
level. Therefore, the Union may adopt measures, in accordance with the
principle of subsidiarity as set out in Article 5 of the Treaty on European
Union. In accordance with the principle of proportionality, as set out in that
Article, this Directive does not go beyond what is necessary in order to
achieve its objectives.

(42)     This Directive respects the
fundamental rights and observes the principles recognised by the Charter of
Fundamental Rights of the European Union. The proposal, in particular, respects
the freedom to conduct a business laid down in Article 16 of the Charter, while
ensuring a high level of consumer protection within the Union, in accordance
with Article 38 of the Charter.

(43)     In accordance with the
Joint Political Declaration of Member States and the Commission of 28 September
2011 on explanatory documents, Member States have undertaken to accompany, in
justified cases, the notification of their transposition measures with one or
more documents explaining the relationship between the components of a
directive and the corresponding parts of national transposition instruments. With
regard to this Directive, the legislator considers the transmission of such
documents to be justified,

HAVE ADOPTED THIS DIRECTIVE:

Chapter I
Subject matter, scope and definitions

Article 1
Subject matter

This Directive is to contribute to the proper
functioning of the internal market and to the achievement of a high level of consumer
protection by approximating certain aspects of the laws, regulations and
administrative provisions of the Member States in respect of contracts on
package travel and assisted travel arrangements concluded between travellers
and traders.

Article 2
Scope

1.           This Directive shall apply
to packages offered for sale or sold by traders to travellers, with the
exception of Article 17, and to assisted travel arrangements with the exception
of Articles 4 to 14, Articles 18 and Article 21(1).

2.           This Directive shall not
apply to:

(a)
packages and assisted travel arrangements
covering a period of less than 24 hours unless overnight accommodation is
included;

(b)
ancillary contracts covering financial services;

(c)
packages and assisted travel arrangements purchased
on the basis of a framework contract between the traveller's employer and a
trader specialising in the arrangement of business travel;

(d)
packages where not more than one travel service
as referred to in points (a), (b), and (c) of Article 3(1) is combined with a
travel service as referred to in point (d) of Article 3(1) if this service does
not account for a significant proportion of the package; or

(e)
stand-alone contracts for a single travel
service..

Article 3
Definitions

For the purposes of this Directive, the
following definitions shall apply:

(1)
'travel service' means:

(a)
carriage of passengers,

(b)
accommodation other than for residential
purpose,

(c)
car rental or

(d)
any other tourist service not ancillary to
carriage of passengers, accommodation or car rental;

(2)
'package' means a
combination of at least two different types of travel services for the purpose
of the same trip or holiday, if:

(a)
those services are put together by one trader,
including at the request or according to the selection of the traveller, before
a contract on all services is concluded; or

(b)
 irrespective of whether separate contracts are concluded
with individual travel service providers, those services are:

(i)      purchased from a single point of sale
within the same booking process,

(ii)      offered or charged at an inclusive or
total price,

(iii)     advertised or sold under the term
'package' or under a similar term,

(iv)     combined after the conclusion of a
contract by which a trader entitles the traveller to choose among a selection
of different types of travel services, or

(v)     purchased from separate traders
through linked online booking processes where the traveller's name or particulars
needed to conclude a booking transaction are transferred between the traders at
the latest when the booking of the first service is confirmed;

(3)
'package travel contract' means a contract on
the package as a whole or, if the package is provided under different
contracts, all contracts covering services included in the package;

(4)
'start of the package' means the beginning of
the performance of the package;

(5)
'assisted travel arrangement' means a combination
of at least two different types of travel services for the purpose of the same
trip or holiday, not constituting a package, resulting in the conclusion of
separate contracts with the individual travel service providers, if a retailer
facilitates the combination:

(a)
on the basis of separate bookings on the
occasion of a single visit or contact with the point of sale; or

(b)
through the procurement of additional travel
services from another trader in a targeted manner through linked online booking
processes at the latest when the booking of the first service is confirmed;

(6)
'traveller' means any person who is seeking to
conclude or is entitled to travel on the basis of a contract concluded within
the scope of this Directive, including business travellers insofar as they do
not travel on the basis of a framework contract with a trader specialising in
the arrangement of business travel;

(7)
'trader' means any person, who is acting for
purposes relating to his trade, business, craft or profession;

(8)
'organiser' means a
trader who combines and sells or offers for sale packages, either directly or
through another trader or together with another trader; where more than one
trader meets any of the criteria referred to in point (b) of paragraph 2, all of
those traders are considered as organisers, unless one of them is designated as
organiser and the traveller is informed accordingly;

(9)
'retailer' means a trader other than the
organiser who:

(a)
sells or offers for sale packages or

(b)
facilitates the procurement of travel services
which are part of an assisted travel arrangement by assisting travellers in
concluding separate contracts for travel services with individual service
providers;

(10)
'durable medium' means any instrument
which enables the traveller or the trader to store information addressed
personally to him in a way accessible for future reference for a period of time
adequate for the purposes of the information and which allows the unchanged
reproduction of the information stored;

(11)
'unavoidable and extraordinary circumstances'
means a situation beyond the control of the trader the consequences of which
could not have been avoided even if all reasonable measures had been taken;

(12)
'lack of conformity' means lack of and improper performance
of the travel services included in a package.

Chapter II
Information obligations and content of the package travel contract

Article 4
Pre-contractual information

1.           Member States shall ensure
that, before the traveller is bound by any package travel contract or any
corresponding offer, the organiser and, where the package is sold through a
retailer, also the retailer shall provide the traveller with the following
information where applicable to the package:

(a)
the main characteristics of the travel services:

(i)      the travel destination(s), itinerary
and periods of stay, with dates;

(ii)      the means, characteristics and
categories of transport, the points, dates and time of departure and return or,
where the exact time is not yet determined, the approximate time of departure
and return, the duration and places of intermediate stops and transport
connections;

(iii)     the location, main features and
tourist category of the accommodation;

(iv)     whether meals are provided and, if
so, the meal plan;

(v)     visits, excursion(s) or other services
included in the total price agreed for the package;

(vi)     the language(s) in which the activities
will be carried out and

(vii)    whether access for persons with
reduced mobility is guaranteed throughout the trip or holiday;

(b)
the trading name, the geographical address of
the organiser and, where applicable, the retailer, as well as their telephone
number and e-mail address;

(c)
the total price of the package inclusive of
taxes and, where applicable, of all additional fees, charges and other costs
or, where those costs cannot reasonably be calculated in advance, the fact that
the traveller may have to bear such additional costs;

(d)
the arrangements for payment and, where
applicable, the existence and the conditions for deposits or other financial
guarantees to be paid or provided by the traveller;

(e)
the minimum number of persons required for the
package to take place and a time-limit of at least 20 days before the start of
the package for the possible cancellation if that number is not reached;

(f)
general information on passport and visa
requirements, including approximate periods for obtaining visas, for nationals
of the Member State(s) concerned and information on health formalities;

(g)
confirmation that the services constitute a
package within the meaning of this Directive.

2.           The information referred
to in paragraph 1 shall be provided in a clear and prominent manner.

Article 5
Binding character of pre-contractual information and conclusion of the contract

1.           Member States shall ensure
that the organiser may not change the information made known to the traveller
pursuant to points (a), (c), (d), (e) and (g) of Article 4, unless the
organiser reserves the right to make changes to that information and
communicates any changes to the traveller in a clear and prominent manner
before the conclusion of the contract.

2.           If the information on
additional charges, fees or other costs referred to in point (c) of Article 4 is
not provided prior to the conclusion of the contract, the traveller shall not
bear those fees, charges or other costs.

3.           At or immediately after
the conclusion of the contract, the organiser shall provide the traveller with
a copy of the contract or a confirmation of the contract on a durable medium.

Article 6
Content of the package travel contract and documents to be supplied before the
start of the package

1.           Member States shall ensure
that package travel contracts are in plain and intelligible language and, in so
far as they are in writing, legible.

2.           The contract or the confirmation
of the contract shall include all the information referred to in Article 4. It
shall include the following additional information:

(a)
special requirements of the traveller which the
organiser has accepted;

(b)
information that the organiser is:

(i)      responsible for the proper
performance of all included travel services;

(ii)      obliged to provide assistance if the
traveller is in difficulty in accordance with Article 14;

(iii)     obliged to procure insolvency
protection for refund and repatriation in accordance with Article 15, as well
as the name of the entity providing the insolvency protection and its contact
details, including its geographical address;

(c)
the details of a contact point where the
traveller can complain about any lack of conformity which he perceives on the
spot;

(d)
the name, geographical address, telephone number
and e-mail address of the organiser's local representative or contact point
whose assistance a traveller in difficulty could request or, where no such
representative or contact point exists, an emergency telephone number or the
indication of other ways of contacting the organiser;

(e)
information that the traveller may terminate the
contract at any time before the start of the package against payment of an
appropriate compensation or a reasonable standardised termination fee if such
fees are specified in accordance with Article 10 (1);

(f)
where minors travel on a package that includes
accommodation, information enabling direct contact with the minor or the person
responsible at the minor's place of stay;

(g)
information on available alternative and online
dispute resolution mechanisms

3.           The information referred
to in paragraph 2 shall be provided in a clear and prominent manner.

4.           In good time before the
start of the package, the organiser shall provide the traveller with the
necessary receipts, vouchers or tickets, including information on the precise
times of departure, intermediate stops, transport connections and arrival.

Chapter III
Changes to the contract before the start of the package

Article 7
Transfer of the contract to another traveller

1.           Member States shall ensure
that a traveller may, after giving the organiser reasonable notice on a durable
medium before the start of the package, transfer the contract to a person who
satisfies all the conditions applicable to that contract.

2.           The transferor of the contract
and the transferee shall be jointly and severally liable for the payment of the
balance due and for any additional fees, charges or other costs arising from the
transfer. Those costs shall not be unreasonable and in any case shall not
exceed the actual cost borne by the organiser.

Article 8
Alteration of the price

1.           Member States shall ensure
that prices are not subject to revision, unless the contract expressly reserves
the possibility of an increase and obliges the organiser to reduce prices to
the same extent as a direct consequence of changes:

(a)
in the cost of fuel for the carriage of
passengers,

(b)
in the level of taxes or fees on the included
travel services imposed by third parties not directly involved in the
performance of the package, including tourist taxes, landing taxes or
embarkation or disembarkation fees at ports and airports, or

(c)
in the exchange rates relevant to the package.

2.           The price increase
referred to in paragraph 1 shall not exceed 10% of the price of the package.

3.           The price increase referred
to in paragraph 1 shall be valid only if the organiser notifies the traveller
of it with a justification and calculation on a durable medium at the latest 20
days prior to the start of the package.

Article 9
Alteration of other contract terms

1.           Member States shall ensure
that, before the start of the package, the organiser may not unilaterally
change contract terms other than the price, unless:

(a)
the organiser has reserved that right in the
contract,

(b)
the change is insignificant and

(c)
the organiser informs the traveller in a clear
and prominent manner on a durable medium.

2.           If, before the start of
the package, the organiser is constrained to alter significantly any of the
main characteristics of the travel services as defined in point (a) of Article 4
or special requirements as referred to in point (a) of Article 6(2), the
organiser shall without undue delay inform the traveller in a clear and
prominent manner on a durable medium of:

(a)
the proposed changes and

(b)
the fact that the traveller may terminate the
contract without penalty within a specified reasonable time-limit and that
otherwise the proposed alteration will be considered as accepted.

3.           Where the changes to the
contract referred to in paragraph 2 result in a package of lower quality or
cost, the traveller shall be entitled to an appropriate price reduction.

4.           If the contract is
terminated pursuant to point (b) of paragraph 2, the organiser shall refund all
payments received from the traveller within fourteen days after the contract is
terminated. The traveller shall, where appropriate, be entitled to compensation
in accordance with Article 12.

Article 10
Termination of the contract before the start of the package

1.           Member States shall ensure
that the traveller may terminate the contract before the start of the package
against payment of an appropriate compensation to the organiser. The contract
may specify reasonable standardised termination fees based on the time of the termination
and the customary cost savings and income from alternative deployment of the
travel services. In the absence of standardised termination fees, the amount of
the compensation shall correspond to the price of the package minus the expenses
saved by the organiser.

2.           The traveller shall have
the right to terminate the contract before the start of the package without
compensation in the event of unavoidable and extraordinary circumstances occurring
at the place of destination or its immediate vicinity and significantly
affecting the package.

3.           The organiser may
terminate the contract without paying compensation to the traveller, if:

(a)
the number of persons enrolled for the package
is smaller than the minimum number stated in the contract and the organiser
notifies the traveller of the termination within the period fixed in the
contract and not later than 20 days before the start of the package; or

(b)
the organiser is prevented from performing the
contract because of unavoidable and extraordinary circumstances and notifies
the traveller of the termination without undue delay before the start of the
package.

4.           In cases of termination
under paragraphs 1, 2 and 3, the organiser shall reimburse any undue payment
made by the traveller within fourteen days.

Chapter IV
 Performance of the package

Article 11
Liability for the performance of the package

1.           Member States shall ensure
that the organiser is responsible for the performance of the travel services
included in the contract, irrespective of whether those services are to be
performed by the organiser or by other service providers.

2.           If any of the services are
not performed in accordance with the contract, the organiser shall remedy the
lack of conformity, unless this is
disproportionate.

3.           Where a significant
proportion of the services cannot be provided as
agreed in the contract, the organiser shall make suitable alternative
arrangements, at no extra cost to the traveller, for the continuation of the
package, including where the traveller's return to the place of departure is
not provided as agreed.

4.           If it is impossible for
the organiser to offer suitable alternative arrangements or the traveller does
not accept the alternative arrangements proposed because they are not
comparable to what was agreed in the contract, the organiser shall, insofar as the
package includes the carriage of passengers, provide the traveller at no extra
cost with equivalent transport to the place of departure or to another place to
which the traveller has agreed and shall, where appropriate, compensate the
traveller in accordance with Article 12.

5.           As long as it is
impossible to ensure the traveller's timely return because of unavoidable and
extraordinary circumstances, the organiser shall not bear the cost for the
continued stay exceeding EUR 100 per night and three nights per traveller.

6.           The limitation of costs
referred to in paragraph 5 shall not apply to persons with reduced mobility, as
defined in Regulation (EC) No 1107/2006 of the European Parliament and of the
Council of 5 July 2006 concerning the rights of disabled persons and persons
with reduced mobility when travelling by air[28],
and any person accompanying them, pregnant women and unaccompanied children, as
well as persons in need of specific medical assistance, provided the organiser
has been notified of their particular needs at least 48 hours before the start
of the package. The organiser may not invoke unavoidable and extraordinary
circumstances to limit the costs referred to in paragraph 5 if the relevant
transport provider may not rely on such circumstances under applicable Union
legislation.

7.           If the alternative
arrangements result in a package of lower quality or cost, the traveller shall
be entitled to a price reduction and, where appropriate, damages in accordance
with Article 12.

Article 12
Price reduction and compensation for damages

1.           Member States shall ensure
that the traveller is entitled to an appropriate price reduction for:

(a)
any period during which there was lack of
conformity; or

(b)
where the alternative arrangements as referred
to in paragraphs 3 and 4 of Article 11 result in a package of lower quality or
cost.

2.           The traveller shall be
entitled to receive compensation from the organiser for any damage, including
non-material damage, which the traveller sustains as a result of any lack of
conformity.

3.           The traveller shall not be
entitled to price reduction or compensation for damages if:

(a)
the organiser proves that the lack of conformity
is:

(i)      attributable to the traveller,

(ii)      attributable to a third party
unconnected with the provision of the services contracted for and is
unforeseeable or unavoidable, or

(iii)     due to unavoidable and extraordinary
circumstances or

(b)
the traveller fails to inform the organiser
without undue delay of any lack of conformity which the traveller perceives on
the spot if that information requirement was clearly and explicitly stated in
the contract and is reasonable, taking into account the circumstances of the
case.

4.           Insofar as international
conventions binding the Union limit the extent of or the conditions under which
compensation is to be paid by a provider carrying out a service which is part
of a package, the same limitations shall apply to the organiser. Insofar as
international conventions not binding the Union limit compensation to be paid
by a service provider, Member States may limit compensation to be paid by the
organiser accordingly. In other cases, the contract may limit compensation to
be paid by the organiser as long as that limitation does not apply to personal
injury and damage caused intentionally or with gross negligence and does not amount
to less than three times the total price of the package.

5.           Any right to compensation or
price reduction under this Directive shall not affect the rights of travellers under
Regulation (EC) No 261/2004[29],
Regulation (EC) No 1371/2007[30],
Regulation (EU) No 1177/2010[31]
and Regulation (EU) No 181/2011[32].
Travellers shall be entitled to present claims under this Directive and under
those Regulations, but may not, in relation to the same facts, cumulate rights
under different legal bases if the rights safeguard the same interest or have
the same objective.

6.           The prescription period
for introducing claims under this Article shall not be shorter than one year.

Article 13
Possibility to contact the organiser via the retailer

Member States shall ensure that the traveller
may address messages, complaints or claims in relation to the performance of
the package directly to the retailer through which it was purchased. The
retailer shall forward those messages, complaints or claims to the organiser
without undue delay. For the purpose of compliance with time-limits or
prescription periods, receipt of the notifications by the retailer shall be
considered as receipt by the organiser.

Article 14
Obligation to provide assistance

Member States shall ensure that the organiser gives prompt assistance to the
traveller in difficulty, in particular by:

(a)
providing appropriate information on health
services, local authorities and consular assistance, and

(b)
assisting the traveller in making distance
communications and alternative travel arrangements.

The organiser shall be able to charge a
reasonable fee for such assistance if the situation is caused by the
traveller's negligence or intent.

Chapter V
Insolvency protection

Article 15
Effectiveness and scope of insolvency protection

1.           Member States shall ensure
that organisers and retailers facilitating the procurement of assisted travel
arrangements established in their territory obtain a security for the effective
and prompt refund of all payments made by travellers and, insofar as carriage
of passengers is included, for the travellers' effective and prompt
repatriation in the event of insolvency.

2.           The insolvency protection
referred to in paragraph 1 shall take into account the actual financial risk of
the relevant trader's activities. It shall benefit travellers regardless of
their place of residence, the place of departure or where the package or assisted
travel arrangement is sold.

Article 16
Mutual recognition of insolvency protection and administrative cooperation

1.           Member States shall
recognise as meeting the requirements of their national rules transposing
Article 15 any insolvency protection obtained by an organiser or a retailer
facilitating the procurement of assisted travel arrangements under the rules of
its Member State of establishment transposing Article 15.

2.           Member States shall
designate central contact points to facilitate the administrative cooperation
and supervision of organisers and retailers facilitating the procurement of assisted
travel arrangements operating in different Member States. They shall notify the
contact details of these contact points to all other Member States and the
Commission.

3.           The central contact points
shall make available to each other all necessary information on their national
insolvency protection schemes and the identity of the body or bodies providing
insolvency protection for a particular trader established in their territory.
They shall grant each other access to any inventory listing organisers and retailers
facilitating the procurement of assisted travel arrangements which are in
compliance with their insolvency protection obligations.

4.           If a Member State has
doubts about the insolvency protection of an organiser or of a retailer
facilitating the procurement of assisted travel arrangements which is
established in a different Member State and is operating on its territory, it
shall seek clarification from the Member State of establishment. Member States
shall respond to requests from other Member States at the latest within 15
working days of receiving them.

Chapter VI
Assisted travel arrangements

Article 17
Information requirements for assisted travel arrangements

Member States shall ensure that, before the
traveller is bound by any contract or any corresponding offer for assisted travel
arrangements, the trader facilitating the procurement of assisted travel
arrangements shall state in a clear and prominent manner:

(a) that each service provider will be solely responsible
for the correct contractual performance of its service; and

(b) that the traveller will not benefit from
any of the rights granted by this Directive exclusively to package travellers, but
will benefit from the right to a refund of pre-payments and, insofar as
carriage of passengers is included, to repatriation in case the retailer itself
or any of the service providers becomes insolvent.

Chapter VII
General provisions

Article 18
Particular obligations of the retailer where the organiser is established
outside the EEA

Where the organiser is established outside the
EEA, the retailer established in a Member State shall be subject to the
obligations laid down for organisers in Chapters IV and V, unless the retailer
provides evidence that the organiser complies with Chapters IV and V.

Article 19
Liability for booking errors

Member States shall ensure that a retailer who
has agreed to arrange the booking of a package or assisted travel arrangements
or who facilitates the booking of such services shall be liable for any errors
occurring in the booking process, unless such errors are attributable to the
traveller or to unavoidable and extraordinary circumstances.

Article 20
Right of redress

In cases where an organiser or, in accordance
with Articles 15 or 18, a retailer pays compensation, grants price reduction or
meets the other obligations incumbent on it under this Directive, no provision
of this Directive or of national law may be interpreted as restricting its
right to seek redress from any third parties which contributed to the event
triggering compensation, price reduction or other obligations.

Article 21
Imperative nature of the Directive

1.           A declaration by an
organiser that he is acting exclusively as a provider of a travel service, as
an intermediary or in any other capacity, or that a package within the meaning
of this Directive does not constitute a package, shall not absolve the
organiser from the obligations imposed on organisers under this Directive.

2.           Travellers may not waive
the rights conferred on them by the national measures transposing this
Directive.

3.           Any contractual arrangement
or any statement by the traveller which directly or indirectly waives or
restricts the rights conferred on travellers pursuant to this Directive or aims
to circumvent the application of this Directive shall not be binding on the
traveller.

Article 22
Enforcement

Member States shall ensure that adequate and
effective means exist to ensure compliance with this Directive.

Article 23
Penalties

Member States shall lay down the rules on
penalties which enforcement bodies may impose on traders for infringing the
national provisions adopted pursuant to this Directive and shall take all
measures necessary to ensure that they are implemented. The penalties provided
for shall be effective, proportionate and dissuasive.

Article 24
Reporting by the Commission and review

By [5 years after its entry into force], the
Commission shall submit a report on the application of this Directive to the
European Parliament and the Council. The report shall be accompanied, where
necessary, by legislative proposals to adapt this Directive to developments in
the field of traveller rights.

Article 25
Amendment of Regulation (EC) No 2006/2004 and Directive 2011/83/EU

1.           Point 5 of the Annex to
Regulation (EC) No 2006/2004 is replaced by the following:

'5. Directive [this Directive] of the European
Parliament and of the Council of [date of adoption] on package travel and assisted
travel arrangements, amending Regulation (EC) No 2006/2004, Directive
2011/83/EU and repealing Council Directive 90/314/EEC (OJ [...])'.

2.           Point (g) of Article 3(3)
of Directive 2011/83/EU is replaced by the following:

'(g) on packages as defined in Article 3(2) of
Directive [...] of the European Parliament and of the Council of [date of
adoption] on package travel and assisted travel arrangements, amending
Regulation (EC) No 2006/2004 and Directive 2011/83/EU and repealing Council
Directive 90/314/EEC (OJ [...])", with the exception of Article 8(2),
Article 19, Article 21 and Article 22.

Chapter VIII
Final provisions

Article 26
Repeals

Directive 90/314/EC is repealed as of [18
months after the entry into force of this Directive].

References to the repealed Directive shall be
construed as references to this Directive and shall be read in accordance with
the table in Annex I to this Directive.

Article 27
Transposition

1.           Member States shall adopt
and publish, by [18 months after the entry into force of this Directive] at the
latest, the laws, regulations and administrative provisions necessary to comply
with this Directive. They shall forthwith communicate to the Commission the
text of those provisions.

2.           They shall apply those
provisions from [18 months after the entry into force of this Directive]

3.           When Member States adopt
those provisions, they shall contain a reference to this Directive or be
accompanied by such a reference on the occasion of their official publication.
Member States shall determine how such reference is to be made.

4.           Member States shall
communicate to the Commission the text of the main provisions of national law
which they adopt in the field covered by this Directive.

Article 28
Entry into force

This Directive shall enter into force on the [twentieth
day following that of its publication in the Official Journal of the
European Union].

Article 29
Addressees

This Directive is addressed to the Member
States.

Done at Brussels,

For the European Parliament                       For
the Council

The President                                                 The
President

ANNEX I[33]

Numbering of articles in Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours || Numbering of articles in this Directive

Article 1 || Article 1 (modified)

Article 2 (1) || Article 3 (2) (modified) and Article 2 (2) (a)

Article 2 (2) || Article 3 (8) (modified)

Article 2 (3) || Article 3 (9) (modified)

Article 2 (4) || Article 3 (6) (modified)

Article 2 (5) || Article 3 (3) (modified)

Article 3 (1) || Deleted

Article 3 (2) || Deleted, however main parts incorporated in Articles 4 and 5 (modified)

Article 4 (1) || Article 4 (1) (modified), Article 6 (2) (modified) and Article 6 (4) (modified)

Article 4 (1)(b)(iv) || Deleted

Article 4 (2)(a) || Article 6 (2) (modified)

Article 4 (2)(b) || Article 5(3) (modified) and Article 6(1) and (3) (modified)

Article 4 (2)(c) || Deleted

Article 4 (3) || Article 7 (modified)

Article 4 (4) || Article 8 (modified)

Article 4 (5) || Article 9 (2) (modified)

Article 4 (6) || Article 9 (3) and (4) (modified) and Article 10 (3) and (4) (modified)

Article 4 (7) || Article 11 (3), (4) and (7) (modified)

Article 5 (1) || Article 11 (1) (modified)

Article 5 (2) || Article 12 (2) (3) and (4) (modified) and Article 14 (modified)

Article 5 (3) || Article 21 (3) (modified)

Article 5 (4) || Article 6 (2)(c) (modified) and Article 12 (3)(b) (modified)

Article 6 || Article 11 (2) (modified)

Article 7 || Article 15 (modified) and Article 16 (modified)

Article 8 || Deleted

Article 9 (1) || Article 27 (1), (2) and (3) (modified)

Article 9 (2) || Article 27 (4) (modified)

Article 10 || Article 29

LEGISLATIVE FINANCIAL STATEMENT

1.           FRAMEWORK
OF THE PROPOSAL/INITIATIVE

1.1         Title
of the proposal/initiative

1.2         Policy
area(s) concerned in the ABM/ABB structure

1.3         Nature
of the proposal/initiative

1.4         Objectives

1.5         Grounds
for the proposal/initiative

1.6         Duration
and financial impact

1.7         Management
mode(s) envisaged

2.           MANAGEMENT MEASURES

2.1.        Monitoring
and reporting rules

2.2.        Management
and control system

2.3.        Measures
to prevent fraud and irregularities

3.           ESTIMATED
FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

3.1.        Heading(s)
of the multiannual financial framework and expenditure budget line(s) affected

3.2.        Estimated
impact on expenditure

3.2.1.     Summary of estimated impact
on expenditure

3.2.2.     Estimated impact on
operational appropriations

3.2.3.     Estimated impact on
appropriations of an administrative nature

3.2.4.     Compatibility with the
current multiannual financial framework

3.2.5.     Third-party contributions

3.3.        Estimated impact on revenue

LEGISLATIVE FINANCIAL STATEMENT

1.           FRAMEWORK OF THE
PROPOSAL/INITIATIVE

1.1.        Title of the
proposal/initiative

Proposal for a revision of the Directive on Package Travel, Package
Holidays and Package Tours 90/314/EEC

1.2.        Policy area(s) concerned
in the ABM/ABB structure[34]

Title 33- Justice

1.3.        Nature of the
proposal/initiative

X The
proposal/initiative relates to a new action

 ̈ The proposal/initiative relates to a
new action following a pilot project/preparatory action[35]

 ̈ The proposal/initiative relates to the
extension of an existing action

 ̈ The proposal/initiative relates to an
action redirected towards a new action

1.4.        Objectives

1.4.1.     The Commission's
multiannual strategic objective(s) targeted by the proposal/initiative

Enable individuals in their capacity
as consumers and entrepreneurs in the internal market to enforce their rights
deriving from Union law and therefore ensuring use of the European Judicial
Area1.4.2.            Specific objective(s) and ABM/ABB
activity(ies) concerned

Specific objective No

Simplify cross-border trade in the Internal Market and strengthen
consumer confidence

ABM/ABB activity(ies) concerned

33.02

1.4.3.     Expected result(s) and
impact

Specify the effects
which the proposal/initiative should have on the beneficiaries/groups targeted.

–
Ensure a more competitive and fairer level
playing field for the businesses operating in the travel market;

–
Increase the cross-border offer of package
travel services by reducing costs and obstacles to cross-border trade in the
package travel market;

–
Reduce consumer detriment and increase
transparency for travellers who buy combinations of travel services;

1.4.4.     Indicators of results and
impact

Specify the
indicators for monitoring implementation of the proposal/initiative.

–
Increase in cross-border trade in the package
travel market;

–
The level of compliance costs for businesses
operating in the package travel market;

–
Increase in the number of consumers protected
when going on holidays;

–
Decrease in the number of consumers experiencing
problems for different types of travel arrangements;

1.5.        Grounds for the
proposal/initiative

1.5.1.     Requirement(s) to be met in
the short or long term

–
Clarify and modernise the scope of travellers'
protection when purchasing combinations of travel services for the same trip or
holiday by bringing in particular on-line packages and assisted travel
arrangements within the scope of the revised Directive, whilst clarifying, in a
targeted manner, the scope of protection for bookings through traditional brick
and mortar travel agents. This will lead to increased transparency for all
market players.

–
Ensuring that travellers are better informed
about the travel products they are buying and grant them access to clearer
remedies if something goes wrong, thus substantially reducing the detriment
they suffer.

–
Minimise obstacles to cross-border trade and
reduce compliance costs for traders who want to sell packages across borders;

1.5.2.     Added value of EU
involvement

·
The proposal will eliminate internal market
fragmentation causing obstacles to cross-border trader and distortions of
competition, as well as enhance the protection of consumers, taking into
account new market developments.

·
This objective cannot be sufficiently achieved
by the Member States, given the disparities between national laws that are the
reason for internal market barriers and distortions of competition. If the
Member States addressed new market developments as well as regulatory gaps and
inconsistencies in EU law in an uncoordinated manner, this would create even
more fragmentation in the Internal Market and exacerbate the problem.

1.5.3.     Lessons learned from
similar experiences in the past

·
The adoption of the Package Travel Directive in
1990 made a significant contribution to the development of the Single Market,
increasing competition and improving the overall quality of offers. The
modernised Directive should bring the similar positive outcomes for consumers
and businesses.

·
The Consumer Rights Directive has similar
objectives as the current revision i.e. reducing obstacles to cross-border
trade and ensuring a high level of consumer protection. However, as the
Directive will be applied in all Member States only at the latest by 13
June 2014 the lessons learnt are limited.

1.5.4.     Compatibility and possible
synergy with other appropriate instruments

·
This proposal is consistent with the objective
of attaining a high level of consumer protection as it contains mandatory rules
of protection of the traveller which Member States or traders cannot derogate
from to the detriment of the consumer.

·
The proposal is complementary to existing EU
law, in particular the Unfair Contract Terms Directive (1993/13/EEC), the
Unfair Commercial Practices Directive (2005/29/EC), the Consumer Rights
Directive (2011/83/EU), the Regulations in the area of Passenger Rights (Regulations
(EC) No. 2004/261, (EC) No. 1371/2007, (EC) No. 1177/2010 and (EC) No.
181/2011) as well as Directives 2000/31/EC on Electronic Commerce and
2006/123/EC on Services in the internal market.

·
Furthermore, the proposal is also complementary
to Regulation (EC) No 593/2008 (Rome I) on the law applicable to contractual
obligations, and to Regulation 44/2001 (Brussels I) on the law on jurisdiction
and the recognition and enforcement of judgements in civil and commercial
matters; in particular, it does not alter their references to travel packages
as further outlined in Joined Cases C-585/08 and C-144/09 ('Pammer' and
'Alpenhof') by the CJEU.

1.6.        Duration and financial
impact

 ̈ Proposal/initiative of limited
duration

–
 ̈  Proposal/initiative in effect from [DD/MM]YYYY to [DD/MM]YYYY

–
 ̈  Financial impact from YYYY to YYYY

X Proposal/initiative of unlimited duration

–
Implementation with a start-up period from n to
n+3,

–
followed by full-scale operation.

1.7.        Management mode(s)
envisaged[36]

X Centralised direct management by the
Commission

 ̈ Centralised indirect management with the delegation of implementation tasks to:

–
 ̈  executive agencies

–
 ̈  bodies set up by the Communities[37]

–
 ̈  national public-sector bodies/bodies with public-service mission

–
 ̈  persons entrusted with the implementation of specific actions
pursuant to Title V of the Treaty on European Union and identified in the
relevant basic act within the meaning of Article 49 of the Financial Regulation

 ̈ Shared management with the Member States

 ̈ Decentralised management with third
countries

 ̈ Joint management with international
organisations (to be specified)

If more than one
management mode is indicated, please provide details in the
"Comments" section.

Comments

The
implementation is not expected to require significant funds.

2.           MANAGEMENT MEASURES

2.1.        Monitoring and reporting
rules

Specify frequency
and conditions.

·
By 5 years after its entry into force, the
Commission shall submit a report on the application of this Directive to the
European Parliament and the Council. The report shall be accompanied, where
necessary, by legislative proposals to adapt this Directive to developments in
the field of traveller rights.

2.2.        Management and control
system

2.2.1.     Risk(s) identified

·
Late transposition of the Directive by Member
States

2.2.2.     Control method(s) envisaged

·
Standard Commission control/infringement
procedures concerning the transposition and enforcement of the Directive.

2.2.3.     Costs and benefits of
controls and probable non-compliance rate

·
Standard costs related to transposition checks
and possible infringement procedures.

2.3.        Measures to prevent fraud
and irregularities

Specify existing or
envisaged prevention and protection measures.

·
Not applicable

3.           ESTIMATED FINANCIAL
IMPACT OF THE PROPOSAL/INITIATIVE

3.1.        Heading(s) of the
multiannual financial framework and expenditure budget line(s) affected

· Existing budget lines

In order of
multiannual financial framework headings and budget lines.

Heading of multiannual financial framework || Budget line || Type of expenditure || Contribution

Number [Description........................................] || Diff./non-diff. ([38]) || from EFTA countries[39] || from candidate countries[40] || from third countries || within the meaning of Article 18(1)(aa) of the Financial Regulation

|| 33.02.01 – Rights and Citizenship – Ensuring the protection of rights and empower citizens || Diff. || NO || NO || NO || NO

· New budget lines requested

In order of
multiannual financial framework headings and budget lines.

Heading of multiannual financial framework || Budget line || Type of expenditure || Contribution

Number [Heading............................................] || Diff./non-diff. || from EFTA countries || from candidate countries || from third countries || within the meaning of Article 18(1)(aa) of the Financial Regulation

|| [XX.YY.YY.YY] || || YES/NO || YES/NO || YES/NO || YES/NO

3.2.        Estimated impact on
expenditure

In
view of the very limited costs of an administrative nature the annex is not
filled in. The calculation was 20 % FTE of one AD official to supervise the
transposition and writing the report in year n+5. Summary
of estimated impact on expenditure

EUR million (to three decimal places)

Heading of multiannual financial framework: || Number 3 || Justice, Security and citizen..........................................

DG: JUST || || || Year[41] 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || Year 2020 || TOTAL

Ÿ Operational appropriations || || || || || || || ||

Number of budget line 33.02.01 || Commitments || || 0 || 0 || 0 || 0 || 0,200 || || 0 || 0,200

Payments || || 0 || 0 || 0 || 0 || 0,200 || || 0 || 0,200

TOTAL appropriations for DG JUST || Commitments || || || || || || 0,200 || || || 0,200

Payments || || || || || || 0,200 || || || 0,200

According to Article 24 of the proposal a review will take place in year n+5.
It is likely that such a review will be accompanied by an external assistance
or study.

Heading of multiannual financial framework || 5 || ‘Administrative expenditure’

EUR million (to three decimal places)

|| || || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018                     || Year 2019 || Year 2020 || TOTAL

DG: JUST ||

Ÿ Human resources || 0,026 || 0,026 || 0,026 || 0,026 || 0,026 || 0,026 || 0,026 || 0,184

Ÿ Other administrative expenditure || || || || || || || ||

TOTAL DG JUST || Appropriations || 0,026 || 0,026 || 0,026 || 0,026 || 0,026 || 0,026 || 0,026 || 0,184

TOTAL appropriations for HEADING 5 of the multiannual financial framework || (Total commitments = Total payments) || 0,026 || 0,026 || 0,026 || 0,026 || 0,026 || 0,026 || 0,026 || 0,184

EUR million (to three decimal places)

|| || || Year N[42] || Year N+1 || Year N+2 || Year N+3 || Enter as many years as necessary to show the duration of the impact (see point 1.6) || TOTAL ||

TOTAL appropriations under HEADINGS 1 to 5 of the multiannual financial framework || Commitments || 0,026 || 0,026 || 0,026 || 0,026 || 0,226 || 0,026 || 0,026 || 0,384 || ||

Payments || 0,026 || 0,026 || 0,026 || 0,026 || 0,226 || 0,026 || 0,026 || 0,384 ||

3.2.1.     Estimated impact on
operational appropriations

–
 ̈  The proposal/initiative does not require the use of operational
appropriations

–
X  The proposal/initiative requires the use of
operational appropriations, as explained below:

Commitment appropriations in EUR million (to three
decimal places)

Indicate objectives and outputs ò || || || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018                                           || Year 2019 || Year 2020 || TOTAL

OUTPUTS

Type[43] || Average cost || Number || Cost || Number || Cost || Number || Cost || Number || Cost || Number || Cost || Number || Cost || Number || Cost || Total number || Total cost

SPECIFIC OBJECTIVE NO 1[44] Transpostion review || || || || || || || || || || || || || || || ||

- Output || || || || || || || || || || || 1 || 0,200 || || || || || 1 || 0,200

- Output || || || || || || || || || || || || || || || || || ||

- Output || || || || || || || || || || || || || || || || || ||

Subtotal for specific objective No 1 || || || || || || || || || || || || || || || ||

SPECIFIC OBJECTIVE No 2... || || || || || || || || || || || || || || || ||

- Output || || || || || || || || || || || || || || || || || ||

Subtotal for specific objective No 2 || || || || || || || || || || || || || || || ||

TOTAL COST || || || || || || || || || 1 || 0,200 || || || || || 1 || 0,200

3.2.2.     Estimated impact on
appropriations of an administrative nature

3.2.2.1.  Summary

–
 ̈  The proposal/initiative does not require the use of appropriations
of an administrative nature

–
X  The proposal/initiative requires the use of
appropriations of an administrative nature, as explained below:

EUR million (to
three decimal places)

|| Year 2014 || Year 2015 || Year 2016 || Year 2017 ||  Year 2018                                  || Year 2019 || Year 2020 || TOTAL

HEADING 5 of the multiannual financial framework || || || || || || || ||

Human resources || 0,026 || 0,026 || 0,026 || 0,026 || 0,026 || 0,026 || 0,026 || 0,184

Other administrative expenditure || || || || || || || ||

Subtotal HEADING 5 of the multiannual financial framework || 0,026 || 0,026 || 0,026 || 0,026 || 0,026 || 0,026 || 0,026 || 0,184

Outside HEADING 5[45] of the multiannual financial framework || || || || || || || ||

Human resources || || || || || || || ||

Other expenditure of an administrative nature || || || || || || || ||

Subtotal outside HEADING 5 of the multiannual financial framework || || || || || || || ||

TOTAL || 0,026 || 0,026 || 0,026 || 0,026 || 0,026 || 0,026 || 0,026 || 0,184 || || || || || || || 0,013 || 0,0,091

The administrative
appropriations required will be met by the appropriations of the DG which are
already assigned to management of the action and/or which have been redeployed
within the DG, together if necessary with any additional allocation which may
be granted to the managing DG under the annual allocation procedure and in the
light of budgetary constraints.

3.2.2.2.  Estimated requirements of
human resources

–
 ̈  The proposal/initiative does not require the use of human
resources.

–
X  The proposal/initiative requires the use of
human resources, as explained below:

Estimate to be expressed in full amounts
(or at most to one decimal place)

|| || 2014 || 2015 || 2016 || 2017 || 2018 || 2019 || 2020

Establishment plan posts (officials and temporary staff) ||

|| 33 01 01 01 (Headquarters and Commission’s Representation Offices) || 0.2 || 0.2 || 0.2 || 0.2 || 0.2 || 0.2 || 0.2

|| XX 01 06 00 01 01 (Headquarters and Commission’s Representation Offices) || || || || || || ||

|| XX 01 01 02 (Delegations) || || || || || || ||

|| XX 01 05 01 (Indirect research) || || || || || || ||

|| 10 01 05 01 (Direct research) || || || || || || ||

|| || || || || || || ||

|| External staff (in Full Time Equivalent: FTE) ||

|| XX 01 02 01 (CA, SNE, INT from the ‘global envelope’) || || || || || || ||

|| XX 01 02 02 (CA, LA, SNE, INT and JED in the delegations) || || || || || || ||

|| XX 01 04 yy || - at Headquarters || || || || || || ||

|| - in delegations || || || || || || ||

|| XX 01 05 02 (CA, SNE, INT - Indirect research) || || || || || || ||

|| 10 01 05 02 (CA, SNE, INT- Direct research) || || || || || || ||

|| Other budget lines (specify) || || || || || || ||

|| TOTAL || 0.2 || 0.2 || 0.2 || 0.2 || 0.2 || 0.2 || 0.2

The human resources required will be met by
staff from the DG who are already assigned to management of the action and/or
have been redeployed within the DG, together if necessary with any additional
allocation which may be granted to the managing DG under the annual allocation
procedure and in the light of budgetary constraints.

Description of
tasks to be carried out:

Officials and temporary staff || Standard supervisory task to see if the Member States transposes the legislation timely and correct. In year n+5 establishing a report.

External staff || Not applicable

3.2.3.     Compatibility with the
current multiannual financial framework

–
X  Proposal/initiative is compatible the current
multiannual financial framework.

–
 ̈  Proposal/initiative will entail reprogramming of the relevant
heading in the multiannual financial framework.

Explain what reprogramming is required,
specifying the budget lines concerned and the corresponding amounts.

–
 ̈  Proposal/initiative requires application of the flexibility
instrument or revision of the multiannual financial framework.[46]

Explain what is required, specifying the
headings and budget lines concerned and the corresponding amounts.

[...]

3.2.4.     Third-party contributions

–
X The proposal/initiative does not provide for
co-financing by third parties.

–
The proposal/initiative provides for the
co-financing estimated below:

Appropriations in EUR million (to three decimal
places)

|| Year N || Year N+1 || Year N+2 || Year N+3 || Enter as many years as necessary to show the duration of the impact (see point 1.6) || Total

Specify the co-financing body || || || || || || || ||

TOTAL appropriations cofinanced || || || || || || || ||

3.3.        Estimated impact on
revenue

–
X  Proposal/initiative has no financial impact
on revenue.

–
 ̈  Proposal/initiative has the following financial impact:

–
 ̈         on own resources

–
 ̈         on miscellaneous revenue

EUR million (to three decimal places)

Budget revenue line: || Appropriations available for the current financial year || Impact of the proposal/initiative[47]

Year N || Year N+1 || Year N+2 || Year N+3 || Enter as many years as necessary to show the duration of the impact (see point 1.6)

Article ............. || || || || || || || ||

For miscellaneous
‘assigned’ revenue, specify the budget expenditure line(s) affected.

[...]

Specify the method for
calculating the impact on revenue.

[...]

[1]               Commission's
Communication "Europe – n°1 world tourist destination - A new political
framework for tourism in Europe" COM (2010) 352 final of 30.06.2010.

[2]               Council
Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and
package tours.

[3]               Club-Tour
Case C-400/00 of 30 April 2002.

[4]               SEC
(1999) 1800 final

[5]               E.g.
Council conclusions of the 2255th Council meeting on Consumer Affairs 13 April
2000, European Parliament resolution of 16 January 2002 (2001/2136(INI)),
Opinion of the European Economic and Social Committee of 11.05.2011 (Official
Journal C 132) and ECCG opinions of 21 April 2010 as well as 8 February 2013.

[6]               COM(2010)
603 final and COM(2013) 269 final.

[7]               COM(2012)
225 final.

[8]               COM(2012)
573 final – Annex II.

[9]               Eurostat,
Data in focus, 66/2011.

[10]             http://ec.europa.eu/consumers/strategy/docs/study_consumer_detriment.pdf

[11]             Consumer
detriment is defined as negative outcomes for individual consumers relative to
some benchmark such as reasonable expectations. It focuses on ex post outcomes
for those consumers who have a negative experience, comprising financial and
non-financial detriment, including loss of time.

[12]             Communication
from the Commission, COM(2010) 573 of 19.10.2010.

[13]             OJ C , , p. .

[14]             OJ C , , p. .

[15]             OJ L 158, 23.06.1990, p. 59.

[16]             See
Judgment in Case C-400/00 Club Tour, Viagens e Turismo SA v. Alberto Carlos
Lobo Gonçalves Garrido and Club Med Viagens Ld, ECR 2002, I-04051.

[17]             See, Directives 2000/31/EC and 2006/123/EC, as well as
Regulations (EC) No 1107/2006, (EC) No 1008/2008, (EC) No. 1371/2007, (EC) No.
181/2011, (EC) No. 1177/2010 and (EC) No 2111/2005.

[18]             2001/539/EC:
Council Decision of 5 April 2001 on the conclusion by the European Community of
the Convention for the Unification of Certain Rules for International Carriage
by Air (the Montreal Convention) (OJ L 194, 18.07.2001, P. 38).

[19]             2013/103/EU:
Council Decision of 16 June 2011 on the signing and conclusion of the Agreement
between the European Union and the Intergovernmental Organisation for
International Carriage by Rail on the Accession of the European Union to the
Convention concerning International Carriage by Rail (COTIF) (OJ L 51,
23.2.2013, p. 1).

[20]             2012/22/EU:
Council Decision of 12 December 2011 concerning the accession of the European
Union to the Protocol of 2002 to the Athens Convention relating to the Carriage
of Passengers and their Luggage by Sea, 1974, with the exception of Articles 10
and 11 thereof (OJ L 8, 12.1.2012, p. 1).

[21]             Proposal for a Regulation of the European Parliament
and of the Council amending Regulation (EC) No 261/2004 establishing common
rules on compensation and assistance to passengers in the event of denied
boarding and of cancellation or long delay of flights and Regulation (EC) No
2027/97 on air carrier liability in respect of the carriage of passengers and
their baggage by air - COM/2013/130
final.

[22]             OJ
L 46, 17.2.2004, p.1.

[23]             COM
(2013)129 of 18.3.2013.

[24]             OJ
L 293, 31.10.2008, p. 3.

[25]             OJ L376, 27.12.2006, p. 36.

[26]             OJ
L 304, 22.11.2011, p. 64.

[27]             OJ
L 177, 4.7.2008, p. 6.

[28]             OJ
L 204, 26.7.2006, p. 1.

[29]             OJ
L 46, 17.2.2004, p.1

[30]             OJ
L 315, 3.12.2007, p. 14

[31]             OJ
L 334, 17.2.2010, p. 1

[32]             OJ
L 55, 28.2.2011, p.1

[33]             This
list is for information purposes only. When an article in the list related to
this Directive is indicated as corresponding to an article in Directive
90/314/EEC, this means that at least certain elements of a rule in Directive
90/314/EEC are also to be found in this Directive, but does not mean that the
wording of the relevant provisions is the same.

[34]             ABM:
Activity-Based Management – ABB: Activity-Based Budgeting.

[35]             As
referred to in Article 49(6)(a) or (b) of the Financial Regulation.

[36]             Details
of management modes and references to the Financial Regulation may be found on
the BudgWeb site: http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html

[37]             As
referred to in Article 185 of the Financial Regulation.

[38]             Diff.
= Differentiated appropriations / Non-Diff. = Non-differentiated
appropriations.

[39]             EFTA:
European Free Trade Association.

[40]             Candidate
countries and, where applicable, potential candidate countries from the Western
Balkans.

[41]             Year
N is the year in which implementation of the proposal/initiative starts.

[42]             Year
N is the year in which implementation of the proposal/initiative starts.

[43]             Outputs
are products and services to be supplied (e.g.: number of student exchanges
financed, number of km of roads built, etc.).

[44]             As
described in point 1.4.2. ‘Specific objective(s)...’

[45]             Technical
and/or administrative assistance and expenditure in support of the
implementation of EU programmes and/or actions (former ‘BA’ lines), indirect
research, direct research.

[46]             See
points 19 and 24 of the Interinstitutional Agreement.

[47]             As
regards traditional own resources (customs duties, sugar levies), the amounts indicated
must be net amounts, i.e. gross amounts after deduction of 25% for collection
costs.